Sandeep v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45572 of 2023 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Sanjeev Kumar Rai, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA, for the State.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 229 of 2023, under Sections 376-D, 354-B IPC, Police Station Jhinjhana, District Shamli, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against the applicant and 4 others and according to the FIR, applicant and other co-accused persons dragged the wife of the informant in the filed and thereafter they tore her cloths and co-accused Kuldeep committed rape with her.

¶4Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and in the FIR and in the statements of the victim recorded under sections 161 and 164 Cr.P.C. the allegation of rape is only against the co-accused Kuldeep.

¶5He further submitted that actually applicant is the close relative of co-accused Kaushindra and only due to the reason he has been roped in the present matter along with him as the wife of Kaushindra had lodged an FIR on

6.6.2023 against the son of the informant and three others under Sections 452, 376D, 506 IPC at P.S. Jhinjhana, District Shamli in case crime No. 223 of 2023.

¶6He further submits that the FIR dated 6.6.2023 lodged by the wife of Kaushindra has been annexed as Annexure-11 to the affidavit filed in support of the instant bail application.

¶7He next submits that co-accused Kaushindra has already been released on bail by this Court on 6.10.2023 and his bail order has been annexed as Annexure-14 to the affidavit filed in support of the present bail application and the case of applicant is at par with him.

¶8He further submits that although applicant is having criminal history of two other cases but his criminal history has been explained in paragraph-27 of the affidavit filed in support of the instant bail application.

¶9He further submits that applicant is in jail in the present matter since 29.6.2023.

¶10Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the parties.

¶11I have heard learned counsel for the parties and perused the record of the case.

¶12However, it appears that it is a case of gang rape but it appears that FIR of the present case was lodged on

10.6.2023 and on 6.6.2023, i.e., four days before an FIR was lodged by the wife of co-accused Kaushindra against the son of informant and others under Section 376D IPC and other Sections and further bail application of co-accused Kaushindra has already been allowed by this Court and the case of applicant is at part with him.

¶13Further, however, applicant is having criminal history of two other cases but his criminal history has been explained in the affidavit filed in support of the present bail application and he is in jail since 29.6.2023.

¶14Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

¶15Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶16Let the applicant-Sandeep be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper

with

the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶17In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶18It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 30.10.2023 SKM High Court of Judicature at Allahabad